1

Sheryl Starr
1303 Latham Court Livingston, NJ 07039

November 28 , 2015

U.S. Department of Transportation, Docket Operations West Building Ground Floor Room W12

- 140 1200 New Jersey Avenue, SE Washington, DC 20590

Re: Petition to the FAA for Section 333 Exemption

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11, Sheryl
Starr seeks an exemption fro m Federal Aviation Regulations (FARs) detailed below for the following
described small Unmanned Aerial System ( s UAS) , which i ncludes a small unmanned a ircraft (sUA) and ground station

- based equipment an d crew.

APPLICANT : Sheryl Starr
1303 Latham Court Livingston, NJ 07039
973

- 368

- 7926 scstarrr@gmail.com (3 r’s)

CREDENTIALS :

 Licensed Private Pilot, Certificate Number 3128216

 Current 3 rd Class Medical Certificate issued 9/29/15

 FCC Ham Amateur Radio License, Extra Class, Call Sign NJ2SS

 Active American Red Cross Disaster Operations Volunteer, ID 134683

 Real Estate Sales Associate License in the State of Florida, SL549646

 Phantom 3 Advanced FAA Registered N611HS

 DartDrones Training Classes 11/1/15 & 11/14/15

UNMANNED AIRCRAFT (UA)

– DJI PHANTOM 3 ADVANCED :

 A lightweight (maximum gross weight of 3 pounds), bat tery operated, 4

- motor rotorcraft in the form of a quadcopter that takes off and la n ds v ertically, manufactured by DJI , with a 3

- axial camera stabilization system.

 An on

- board flight computer with GPS navigation and location ability that receives signals f or flight controls from a ground

- based transmitter / controller.2

 An on

- board camera capable of capturing imagery in the form of full color, high definition still photos and video.

 An on

- board telemetry system that delivers flight data from the on

- board fli ght computer to
the on

- board radio transmitter including altitude AGL, horizontal and vertical speed, compass direction of flight, and direction back to its launch site.

 A 2.4 GHz on

- board radio transmitter that transmits live video from the on

- board camer a plus all the flight data from the telemetry system described above.

GROUND STATION

- BASED PART OF THE SYSTEM:

 A Pilot in Command (PIC) in operational control of a flight operation from beginning to end and
who controls the UA while in the air.

 A 2.4 GHz radio transmitter / controller operated by the PIC to control the UA while in flight.

 A radio receiver receiving live video and flight data from the on

- board camera and computer projects it all together onto a screen for the PIC to view during flight.

 A vi sual Observer (VO) who provides a second pair of eyes to visually track the UA while in flight.

PURPOSE FOR THE EXEMPTION: The requested exemption would permit Sheryl Starr to pursue her commercial interests in providing services to clients using the abov e described Unmanned Aerial Vehicle ( UAV ) for aerial photography and videography services to provide high quality imaging for a variety of commercial, public, and residential uses, specifically targeting :

 Real Estate and Private Property Aerial Photography and Videography

 Inspections of Public and Private Structures

 Special Event Aerial Photography and Videography

 First Responders who might require assistance, including fire fighters, the police, the sheriff, et
al.

 Increasing Public Knowledge of UAS and Promoting Safe UAS Operations

PUBLIC INTEREST Aerial photography lends a unique perspective to the viewer. The angles of capture show areas that are not able to be seen by an earthbound photographer. This type of photography has been used for some time by real estate agencies and construction firms. Unfortunately, this is often cost prohibitive for
small businesses and individuals . The expensive fees for traditional aerial photography companies have given large firms an advantage. With this Grant of Exempt ion, I would be able to offer affordable aerial photography and videography to small businesses and private individuals.

The UAV, powered by batteries, is s maller, lighter, and more maneuverable than larger aircr aft running
on combustible fuel. I t operat es at lower altitudes with no people on board and will thereby reduce current risk levels and enhance safety while diminish ing the likelihood of death or serious bodily injury. Due to the size of the UAV and the tightly controlled and limited airs pace in w hich the UAV operate s , approval of this application offers no risk to national security.3

FIELD OPERATIONS: The UAV System will be operated in the field with both a PIC and a Visual Observer in accordance with FAA Policy N 8900.227 Section 14 "Operational Requirements for UAS" and with the following

Restrictions:

a) No flight will be made with a UAV Gross weight exceeding 55 pounds; b) All operations will occur in FAA Class G airspace at no more than 400 ft. AGL, at an a irspeed of no more than 50 miles per hour and no further than 3/4 NM from the PIC; c) All operations will utilize a visual ob server (VO). The VO and PIC will be able to communicate by voice at all times during a flight operation; d) Operations will be restricted to flights over private property w ith the permission of the
property owner; e) The PIC will have accumulated and logged, in a manner consistent with 14 CFR 61.51 (b), a minimum of 100 flight cycles and 25 hours of total time as a UAV rotorcraft pilot and at least ten hours logged as a UAV pi lot with a similar UAV type; f) All required permits will be obtained from state and local government prior to operation; g) The UAV System will not be operated over densely populated areas; h) The UAV System will not be operated at air shows; i) The UAV System will not be operated over any open

- air assembly of people; j) The UAV System will not be operated over heavily trafficked roads; k) The UAV System will not be operated within 5 NM of an airport or heliport; l) Operations will be restricted to day only and weather conditions equivalent to VFR; m) The PIC will brief the VO and property owner about the operation and risk before the first flight at each new location; n) No flight will be made without a Pre

- Flight Inspection by the PIC before each operation to ascertain that the UAV is in a condition safe for flight (see Appendix A)

.

The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227 Section 16 personnel Qualifications. Additionally, the PIC and VO will perform maintenance on the s ystem and will complete a course of maintenance instruction as part of their initial training.

I submit that the combination of the UAV's light weight, flight performance and ability, fully qualified flight crew and strict operation under the guidelines established in 8900.227, and under all of the Restrictions (a) through (n) listed above, the FAA can have full confidence that the operation will have an equivalent or greater level of safety than manned aircraft performing the same mission.

L IST OF S PECIFIC SECTION 14 CFR FOR WHICH E XEMPTION IS R EQUESTED :

 14 CFR 21, Subpart H

– Certification Procedures for Products and P arts, Airworthiness
Certificates

 14 CFR § 61.113 (a) and (b)

– Certification: Pilot, Flight Instructors, and Ground Instructors

 14 CF R § 91.7 (a)

– Airworthiness Required for O peration4

 14 CFR § 91.9 (b) (2)

– Aircraft Flight Manual in Aircraft

 14 CFR § 91.105

– Flight Crewmembers at S tations

 14 CFR § 91.119 (c)

– Minimum Safe A ltitudes

 14 CFR § 91.121

– Altimeter Settings

 14 CFR § 91.151

– Fuel Requirements for Flights in VFR C onditions

 14 CFR § 91.203 (a) and (b)

– Carrying of Civil Air Certifications and Registrations

 14 CFR § 91.405 (a)

– Maintenance R equired

 1 4 CFR § 91. 407 (a) (1)

– Operation after M aintenance

 14 CFR § 91.409 (a) (1) and (2)

– Inspections

 14 CFR § 91. 417 (a) and (b)

– Maintenance R ecords

REQUESTED EXEMPTIONS

14 CFR 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of

necessary airworthiness certificates in rel ation to FAR § 91.201 (a) (1). The size, weight and encl osed operational area of the UAS permit s exemption from Part 21 because my UAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exe mpt aircraft from the airworthiness certificate requirement under both the Act 49 U.S.C. § 44701 (f) and Section 222 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS’s from the airworthiness certificate requirement in consideratio n of the weight, size, speed and maneuverability and proximit y to areas such as airports and dense populations.

14 CFR § 61.113 (a) provides that no person who hold s a private pilot certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only

inc idental to that business or employment, and (2) The aircraft does not carry passengers or pr operty for compensation or hire. A PIC with a private pilot certificate operating the Phantom 3 Advanced would not adversely affect operations in the NAS or present a hazard to persons or property on the ground.

14 CFR § 91.7 (a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 CFR § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or passengers, and given the size of the UAS, this regulation is inapplicable. An equivalent level of safety will be achieved by maintaining such ma nuals on location with the Pilot.

14 CFR § 91.105 requires certain actions by onboard crewmembers. Since the Phantom is unmanned, an exemption from this rule is requested.

14 CFR § 91.119 (c) requires all operation to remain no closer than 500 feet from persons, vessels, vehicles, and structures. The Phantom 3 Advanced will not be operated above the altitude of 400 feet5

above ground level and will also only operate in safe areas away from the public and traffic, thus providing a level of safety at least e quivalent to or below those in relation to minimum safe altitudes.

14 CFR § 91.121 regarding altimeter setting is inapplicable insofar as the UAS utilizes electronic global position systems with a barometric sensor.

14 CFR § 91.151 provides that no perso n may begin a flight in an airplane under day

- VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for a least 30 minutes. The UAV is battery operated and provides two low battery alerts. The first one is at 30% capacity and the UAV will be landed at the first alert. The second alert is at 10% capacity and the UAV
would then land automatically.

14 CFR § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable due to the UAV being too small to carry documentation . The equivalent level of safety will be achieved by maintaining such requi red certific a tions and registrations with the crew at the ground control station

.

14 CFR § 91.405 (a) ; 14 CFR § 91.407 (a) (1); 14 CFR § 91.409 (a) (1) and (2); CFR § 91.417 (a) and (b)

– lists requirements for aircraft maintenance and inspections. These regulations are inapplicable since they only apply to aircraft with an airworthiness certificate. As a safety precaution, the UAS will be inspected before each flight.

Please contact me at any time if you require additional information or clarification. I look for ward to supporting the FAA and the UAS community in their quest to establish proper regulations and protocols for the safe introduction of unmanned aircraft into the national airspace

.

Sincerely,

Sheryl Starr

Appendix A

- Phantom 3 Flight Manual Appendix B

- DartDrones Training Certificates6 APPENDIX A



### Phantom 3 Flight Manual

Before you go

• Aircraft and Remote Controller Firmware up to date.

• IMU / Gimbal / Remote Controller are calibrated.

• Batteries (Phantom, Remote Controller (RC)

, Tablet/Phone) fully charged.

• Micro SD card inserted into Aircraft camera slot and formatted as FAT32 otherwise the Camera/Video information will not be displa yed. Check if there is enough storage space.

• Inspect everything for obvious defects: o Turn motors shafts with your fingers and verify they are rotating smo othly without excessive play or binding. o Check the motors for debris, dust, dirt... Us e a pressurized duster can to remove/clean. o Damping absorbers are in good condition, not broken or worn. Anti

- Drop pins are in place and locked. o Gimbal is functioning as normal; Camera is secure and moving normally. o Camera lens is not dirty, spotted, smeared o VPS sensors are clean o Check condition of Gimbal/Camera black ribbon cables. Look for tears or signs of wear. o Battery is not swollen, leaky or damaged in any way. Contact needles and pads are cl ean. o Propellers are in good condition: not chipped, broken or worn. Run finger along leading and trailing edges. Flex both Blades to check for hairline cracks. o Remote Controller antennas are not damaged.

o Inspect the frame near the screws for stress cracks. o From time to time, check ALL the screws (Frame/M otors and Gimbal), tighten when necessary (Do Not Overtighten).

 If Wi

- Fi is not available onsite, cache the map data of the area where you intend to fly by connecting to the Inter net before leaving.

Pre

- Flight

• Remove the Gimbal Lock.

• Install propellers on proper axis and tighten a bit.

• Mount Phone/Tablet (ensure it is firmly in place) and connect to Remote Controller using USB cable.

• Set Phone/Tablet Volume & Luminosity to MAX (Install hood).

• Turn Wi F i & Bluetooth off, OR Turn Airplane Mode on OR Connect Tablet to Phone (Tethering) using 5Ghz or Bluetooth.

• Close all running apps.7

• Do NOT use any screen recorder apps, as these can cause video lagging a nd blackouts.

• Position Remote Controller antennas properly: parallel and pointing upward. Make sure the flat sides are facing the Aircraft at all times; keep changing your body position and antenna tilt, if necessary, to keep wide flat sides of
antennas pointed at Aircraft. This is more important the further the Aircraft is from the RC. Need to know: NEVER point tips of antennas directly at the P3 (like a gun barrel)

– this is the lowest signal level situation.

• Set Remote Controller flight mode to “ P

- Mode” position.

• Insert Smart Battery, make sure it is secured.

Power Up

• Turn Remote Controller power ON.

• Place Aircraft on level surface and locate in a safe launch and recover position.

• Orient Aircraft nose pointing away from operator position.

• Make sure the gimbal/camera is moving freely and not obstructed by tall grass or something, otherwise you will get a gimbal motor error.

• Turn Aircraft power ON

. o Gimbal/Camera is in a stable horizontal position. o Aircraft Status LED will blink rapidly when the Home Point is recorded. o Aircraft Status LED will slowly blinks green when the GPS signal is ok. o Remote Controller status LED should be tu rning green.

• Launch DJI App then Tap “Camera” option. DJI App detects & connects with the Aircraft.

• In the “Aircraft Status” window, check the current status of the Aircraft/Remote Controller/Compass.

• If in a new launch area, tap “Calibrate” optio n and follow on

- screen instructions to calibrate the Compass.

• Cache the map data of the area where you intend to fly by connecting to the Internet before each flight. This can be done offsite, if Wi

- Fi is not available onsite.

• Check the Sensors values

- > MC Setting/Sensors: Gyroscope: All the values as close to 0.00 as possible. Slight variations are OK but the MOD should not go
over 1.0. Acceleration: Again slight variations from 0.00 are OK for the XYZ but the MOD needs t o be 1.0. Compass: The XYZ of the compass is its RAW readings. You need to make sure is that the MOD value is between 1400 and 1600. If you do not get these values: You MUST do an IMU Calibration and/or a Compass Calibration BEFORE you start flying.

• Double

- check your settings: Failsafe mode/Max Alt/Gimbal Speed/Expo/Gain/VPS on/off (for indoor flight

- > MC Settings/Advanced Settings).8

• Set RTH altitude (depends on flight location and surrounding)

– > MC Settings/Advanced Settings/Failsafe Mode.

• Enable “Multiple Flight Mode” in case you have (or want) to switch to A(TTI) or F(unction) Mode

- > MC Settings/ Advanced Settings, otherwise only the P Mode is available.

• Make sure to use a Clear Frequency (set manually if needed)

- > Image Transmissio n Settings. For Manual: Set Channel to Custom, and watch the noise graph for several minutes and watch for intermittent large spikes on any of the channels

- be sure to avoid any of those channels.

• Open the battery menu to check the battery status: o Confirm Low Battery Warning and Critical Battery Warning % settings. o Look at voltage per cell to make sure they all are equivalent. It's important to ensure your b attery is in good health prior to takeoff. Flying with a battery that has one or mor e bad cells could cause the battery to discharge very quickly and/or cause your Phantom to shut off and drop from the sky. o Check batteries for number of cycles. Charge and discharge the battery completely once every 20 charge/discharge cycles; this w ill help rebalance the battery . To discharge: when you come back from a flight and the % is fairly low, just hold it off in a hover at about a foot or two off the ground

- it goes fairly quickly

- whe n you get to 8%, ease off the throttle and lands it at a bout 7%. If you land and let it idle, it takes forever. Th en recharge it to maximum capacity. This power cycling procedure will optimize the battery.

Takeoff

• Make sure Home Point is set where you are.

• DJI App flight status ok to go (Safe to fly

– GPS).

• START Video/Sound recording, if needed.

• Move both control sticks to lower

- inner position to start motors (CSC). Propellers should start spinning slowly. DO NOT perform the CSC while flying, otherwis e the motors WILL stop and ...

• Make sure the motors are functioning normally: no unusual noise or vibration and they are all spinning at the

same rate/speed.

• Double check for nearby obstructions, people, power lines, electromagnetic interference (EMI), etc.

• Execute Auto or Manual takeoff and move to Hover position (10 feet) for 30 seconds. o Aircraft Status LED should be slowly flashing Green. o Check stability of Aircraft (not drifting, no toilet bowl effect).

o Do short distance flight test. o Confi rm expected sticks operation.

• All checks OK

– ready to go. Otherwise LAND IMMEDIATELY and investigate the issue.

• Monitor Mode, Satellites Status, Aircraft Status, Remote Control and HD Video Link Sign al Strength, Batteries Power Level(%) and Voltage (Should be >=3.3V. To monitor Voltage on the main screen, enable the "Show Voltage On Main Screen" setting in the "Aircraft battery" section of the DJI App settings). The colored zones and markers on the battery level indicator bar re flect the estimated remaining flight time. They
are automat ically adjusted according to the aircraft’s current location and status. Also, it is important to follow the little “H” on the Battery Level Indicator bar, which indicates the “Power requires to re turn home”. Pay9

attention to low/critical voltage warning

- a flight to empty battery can cause damage to the Smart Battery and crash.

• Monitor Telemetry: H=Height, D=Distance (from takeoff), VS=Vertical Speed, HS=Horizontal Speed and last is the di stan ce between the surface and the Vision Positioning System’s Sensors.

• During Flight: if Phantom ever seems to behave oddly, feel less responsive, does not fly in str aight lines, is drifting or start moving without input, LAND IMMEDIATELY wherever you are and Recalibrate everything. It is HIGHLY recommended you switch to ATTI before Landing, in case the Com pass and GPS are out of whack (“Multiple Flight Mode” must be enabled). If a defect or malfunction has occurred, it must be corrected before the next s tart.

• Keep line

- of

- sight with Aircraft.

• Go Slow, Fly Safe and Always be Aware of your Surroundings.

Landing & Post

- Flight

• Make relatively slow descents if coming straight down, to avoid getting into a Vortex Ring S tate (VRS). Maintain lateral movement when descending to keep the quad in "clean air" (zig zag, side

- to

- side, circle, etc. ) or descend at an angle (preferably into the wind).

• To land, hover over a level surface and gently pull down on the throttle gently to des cend. To mini mize flip

over (especially if it’s windy), try to avoid unnecessary Forward, Backward and Lateral movement when landing. If it’s really too windy, you may want to hand catch the phantom, but please know what you're do ing and be very CAREFUL; you could get hurt.

• After landing, hold the throttle at its lowest position for 3 seconds or more until the motors stop.

• Don’t forget to stop recording after you land (wait for the recording to stop before turning off)

• Turn off the equipment in the following seq uential order : 1

- Phantom Smart Battery then Remove the Battery (just in case you think it’s Off, while it’s Not...)
2

- Remote Controller

• If you plan to do another flight, shutdown and restart the DJI App.

• Before moving/storing away the Phantom : Remove Propellers, Re

- Attach Gimbal Clamp.10 APPENDIX B